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S. 1118 (113th): Child Sex Trafficking Data and Response Act of 2013


The text of the bill below is as of Jun 7, 2013 (Introduced).


II

113th CONGRESS

1st Session

S. 1118

IN THE SENATE OF THE UNITED STATES

June 7, 2013

(for himself, Mr. Portman, Mr. Blumenthal, Mr. Brown, Ms. Cantwell, Mr. Kirk, and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

A BILL

To amend part E of title IV of the Social Security Act to better enable State child welfare agencies to prevent sex trafficking of children and serve the needs of children who are victims of sex trafficking, and for other purposes.

1.

Short title

This Act may be cited as the Child Sex Trafficking Data and Response Act of 2013 .

2.

Streamline data collection and reporting on sex trafficking

(a)

Foster care and adoption assistance program

(1)

State plan requirements

Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended—

(A)

by striking and at the end of paragraph (32);

(B)

by striking the period at the end of paragraph (33) and inserting a semicolon; and

(C)

by adding at the end the following:

(34)

provides that for each child over whom the State agency has responsibility for placement, care, or supervision, the State agency shall—

(A)

identify and document appropriately in agency records each child who is identified as being a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000) or as a victim of severe forms of trafficking in persons described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (relating to sex trafficking) as such a victim; and

(B)

report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code; and

(35)

contains a regularly updated description of the specific measures taken by the State agency to protect and provide services to children who are victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000), including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population.

.

(2)

Regulations

The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by paragraph (1) and shall provide uniform definitions for States to use for the reports required under paragraph (34)(B) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a)(34)(B) ) (as added by paragraph (1)). The regulations promulgated under this paragraph shall include provisions to permit the Secretary of Health and Human Services the discretion to withhold a portion of the Federal funds to be paid a State under section 474 of the Social Security Act ( 42 U.S.C. 674 ) for a fiscal year quarter from any State that fails to substantially comply with the requirements of paragraphs (34) and (35) of section 471(a) of such Act (as so added).

(3)

Inclusion of data in AFCARS

(A)

In general

Section 479(c)(3) of the Social Security Act (42 U.S.C. 679(c)(3)) is amended—

(i)

in subparagraph (C)(iii), by striking and after the semicolon; and

(ii)

by adding at the end the following:

(E)

the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000); and

.

(B)

Report to congress

During the period that begins on January 1, 2014, and ends on the effective date of a final rule promulgated by the Secretary of Health and Human Services implementing the AFCARS data collection requirement added by the amendments made by subparagraph (A), the Secretary of Health and Human Services shall submit an annual report to Congress that contains the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(10) ), together with such other information as the Secretary determines appropriate relating to the identification of, and provision of services for, that population of children.

(b)

State reporting

Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended—

(1)

in paragraph (2), by striking and at the end; and

(2)

in paragraph (4)

(A)

in the matter preceding subparagraph (A), by striking paragraph (2) and inserting paragraph (3) ;

(B)

in subparagraph (A), by inserting and a photograph taken within the previous 180 days after dental records;

(C)

in subparagraph (B), by striking and at the end;

(D)

by redesignating subparagraph (C) as subparagraph (D); and

(E)

by inserting after subparagraph (B) the following:

(C)

notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and

.

(c)

CAPTA amendments

(1)

State plan amendments

Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended—

(A)

in subsection (b)(2)(B)

(i)

in clause (xxii), by striking and at the end; and

(ii)

by adding at the end the following:

(xxiv)

provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be, victims of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or victims of severe forms of trafficking in persons described in paragraph (9)(A) of that section; and

(xxv)

provisions and procedures for training child protective services workers about identifying and providing comprehensive services for children who are victims described in clause (xxiv), and providing such services for such children, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population;

; and

(B)

in subsection (d), by adding at the end the following:

(17)

The number of children determined to be victims described in subsection (b)(2)(B)(xxiv).

.

(2)

Special rule

(A)

In general

Section 111 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106g ) is amended—

(i)

by striking For purposes and inserting the following:

(a)

Definitions

For purposes

; and

(ii)

by adding at the end the following:

(b)

Special Rule

(1)

In general

For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of child abuse and neglect and of sexual abuse if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section.

(2)

State option

Notwithstanding the definition of child in section 3(1), a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) and subsection (a)(4) as a person who has not attained the age of 24.

.

(B)

Conforming amendment

Section 3(2) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note) is amended by inserting (including sexual abuse as determined under section 111) after sexual abuse or exploitation.

(3)

Technical correction

Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Care and Development Block Grant Act of 1990 is amended by striking inhumane; and inserting inhumane..

3.

Report to Congress on labor trafficking in child welfare and barriers to documentation and service provision to unique victim populations

Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with the Attorney General, shall submit to the Congress a report detailing issues related to identifying, and providing services for, victims of labor trafficking, as defined in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), within the child welfare system. The report shall address the following:

(1)

Whether State law enforcement, child welfare, and other relevant State agencies have identified a significant presence of victims of labor trafficking within the child welfare population.

(2)

With respect to any States that have identified a significant presence of such victims—

(A)

any numerical estimates of the prevalence of such victims;

(B)

a description of how such States provide services for, or plan to provide services for, such victims; and

(C)

a description of the extent to which there are service delivery issues, particularly with respect to the extent to which the requirements associated with existing sources of Federal funding for all victims of trafficking, as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102(15) ), prevents population-specific service delivery within the child welfare system.

4.

Effective date

(a)

In general

Except as provided in subsection (b), the amendments made this Act shall take effect on the date that is 1 year after the date of the enactment of this Act (and in the case of the amendments made by section 2(a)(1), without regard to whether final regulations required under section 2(a)(2) have been promulgated.

(b)

Delay permitted if state legislation required

In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. Except as otherwise provided in this Act the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.